Beware when Burning Off - are you confused?

Having it would seem, managed to negotiate another Fire Danger Period in the East Gippsland region without any major fires, it is now a time to think about preparations and works to minimize the risk of fires in the coming season 2018-19. Gee it comes round quickly doesn’t it? This may seem early but work now can minimize work later when perhaps you have other commitments to manage simultaneously, and ensure that your land is well prepared to minimize the fire risk.

My attention has been drawn to the East Gippsland Shire website for information on this subject, when I was asked a question about burning off on rural land. I am talking about rural land not house blocks in towns etc., so rural would include any privately owned land including farmland. Not being sure of my ground, off I went delving into the website. What I found, I must say, was confusing and I believe needs clarification without delay.

So then let me start with basics.  The CFA advice from their website is as follows:-   Before burning off:-                 

Check and follow local regulations or laws set down by CFA or your local council.

Notify neighbours at least two hours before starting the burn 

Notify the Emergency Services Telecommunications Authority (ESTA) on 1800 668 511
Check the weather forecast for the day of the burn and a few days afterwards 

Check the fuel moisture conditions 

Establish a fire break of no less than three metres cleared of all flammable material 

Make sure there are enough people to monitor, contain and extinguish the burn safely and effectively

Quoted from the East Gippsland Shire Website under “Fire Preparation”

“Under the Country Fire Authority Act 1958, Council has a legal obligation to reduce the risk of fire for the community. MFPO’s (that is Municipal Fire Prevention Officer) have the power to inspect and to issue Fire Prevention Notices within the municipality. However, there are no guarantees of personal or property safety when it comes to bushfire. The works detailed on the Fire Prevention Notice are designed to reduce radiant heat, fire intensity and ember attack and minimise direct flame impact on you or your neighbour’s assets. They are consistent with CFA guidelines for protecting your home”.

Again quoting from the Shire website……..“Can I burn branches in the open air outside the Fire Danger Period?   You require a permit from CFA to burn off. You will need to contact them for more information”.

Interesting, surely outside the danger period it is only necessary to register the burn with Emergency Services Telecommunications Authority (ESTA) on 1800 668 511. I am not aware of the required CFA permit outside the Fire Danger Period and have been advised that one is not required.

Delving a little deeper into the realms of the website, I find the following listed under General Local Laws.  In the majority all is well it would seem but take a closer look at items 2 and 5:-

“Penalty: 5 Penalty Units.

70. INCINERATORS AND OPEN AIR BURNING

(1) A person in a Residential Area must not light an Incinerator or allow an Incinerator to remain alight.

Penalty: 10 Penalty Units.

Clean air is a part of the amenity of our neighbourhoods and all Persons need to avoid creating Offensive emissions of smoke and odour that may invade neighbouring properties from burning materials in the open.

(2) A Person must not burn, or cause, or allow to be burnt, in the open in any part of the Municipal District any materials that may cause offensive emissions of smoke and odour to enter any neighbouring property”

Focus on the words “in any part of the Municipal District”. 

·         Can we define Municipal District? 

·         Where exactly does this mean?

·         Is this the whole Shire?  

·         If not, are maps available to indicate the boundaries?  

·         How do you control smoke or other emissions in the air?!

Some clarification is needed here.

“Penalty: 15 Penalty Units

(3) A Person who has lit or allowed a fire to be lit or remain alight, or has burned or caused or permitted to be burned any materials, contrary to this Clause, must extinguish the fire or burning materials immediately on being directed to do so by an Authorised Officer .

Penalty: 20 Penalty Units

(4) The following exemptions apply in respect of this Clause:

(a) A permanent or portable Barbeque for the purpose of cooking food.

(b) Council staff and any Person contracted or authorised by the Council for the purpose may, without a Permit, undertake controlled burning-off as a part of normal reserve maintenance on any Council Land or Road; East Gippsland Shire Council General Local Law 2017

  

(5) A person must not burn any material that would result in the emission of fumes or odours, or discharge of dust, grit, ashes or smoke that is offensive or dangerous to health, unless the burning is for the purpose of clearing vegetation for fire hazard clearance purposes by an owner or occupier of Property. Which has been authorised by the Municipal Fire Prevention Officer (MFPO) or Assistant MFPO

Penalty: 10 Penalty Units.”

Page 31

I understand this as saying that no private land owner or its occupier can burn almost anything at any time without the authorisation of the MFPO or Assistant MFPO.

So the land owner/occupier who is acting responsibly and clearing their land as required by the Fire Prevention Regulations, and in order to avoid a “Notice” to clean up the property issued by the same MFPO, now requires an authorisation to light the fire to complete the works. How does a farmer dispose of deceased stock in order to prevent decay and disease?

This I believe has huge ramifications to rural land owners, farmers and will it would seem present the Council with an increased and unnecessary workload in issuing the required authorisations. It also raises the following questions:-                                                                                                               
Is the information on the Shire website up to date? (The General Local Law is dated 2017!)
How do you apply for said authorisation?
Will a written permit be issued?
What will be the cost the said permit? (Oh yes I am sure the permit will not be free!!)
If a permit is issued by Council (MFPO) who is liable if the fire gets out of control?
Within what time frame will the permit be issued?
Given that the MFPO or Assistant MFPO has to issue the permit, do they have the resources to manage the influx of applications just before the declared Fire Danger Period? This also brings into doubt the question of "delegated responsibility".

Rural land owners have been responsibly burning off for years in an effort to minimize fire risk without the need for permits and other bureaucratic red tape, why now is the need for permits necessary. Provided that they register the fire with (Emergency Services Telecommunications Authority (ESTA) on 1800 668 511) to avoid an unnecessary CFA call out, that is all that should be required.

The ability of a MFPO to issue a formal “Fire Prevention Notice” to clean up a property has been an effective way to deal with those who do not comply with clean up restrictions. 

Why do these Local Laws in effect punish the responsible person trying to do the right thing?

Regulations, restrictions, redress and red tape where it is not needed, but please, some clarification is needed.

John Munns May 2018

Sources: East Gippsland Shire website. CFA website.